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Subject: Re: Issue: Transition rules?


At 13:09 10/16/2003, James M Galvin wrote:
 Specifically, if
2727bis is approved during what would be the one week challenge period
the answer is there is no challenge.  The event that would have
permitted the challenge has passed and was completed under the old
rules.  Therefore the new rule of a challenge period does not apply.

Jim

*buzzzz* Wrong answer. For example, under US law, if a change in the law introduces a new cause of action, and that cause of action has a statute of limitations clause, the limitation begins with the effective date of the law, not with the event that was the cause of action - unless explicitly excluded by the law.

This is as reasonable an interpretation as the interpretation (you mention) that things this document mentioned that have already happened are not subject to the document. I don't know that we can make this a blanket statement without reviewing in painful details line by line and coming up with a specific implementation guidance that then needs similar approval.

Easier by far to just say that this doesn't apply to this nomcom since the panel is now empaneled.

Later, Mike




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